Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-05-24
Limiting Legislation.
[From the Hampshlre Review.l

In the last issue of the South
Branch Inteligencer, in column
usually devoted to " Dotts," there is
an article under the above heading,
of half column, which seems to
labor to prove the special session OF
the Legislature had "a right to leg
islate upon any subject it chooses
and enact whatever it plcases."
b AS we think the article is false in
It's position, and tends to mislead the
public mind on a subject of great in
terest and Importance, in the present
state of affairs, we will attempt to
show its incorrectness.
All must admit that the constitu-
tTon confers the powers of the State
on the Legislative, the executive and
judicial departments, three distinct
branches of government, and each
branch must use its power so that
neither exercises the powers belong
ing to either of the Others" except
specially as prescribed in that in
strument itself. The Legislature as
provided for (that is the stated plen-
airy LegisIature) "shall assemble at
the seat of government bi-ennually
and not oftener. unless convened by
the Governor. The very day on
which the plenary, stated, fully en-
dowed Legislature is to meet every
second year is fixed by the Constitu-
ton as we'll as the time it shall end
Except under certain prescribed cir
cumstances.) This is the Legislature
of the State, certain, fixed, fully en-
dowed Legislature and the only one
that can be alluded to rs the Legisla-
ture of the State with any prctense
or appearance of certainty. 1t is
true however that the plenary and
fully endowed Legislature is elected
so that it may be, in case of insurrec-
ton, rebellion, war or public calam-
ity, assembled until the next Legis-
Iature is elected, but is only a Legis-
lature when so assembled under the
Constitution and thus empowered to
act again. When session once adj
journs, its power is totally gone until
recalled as such, according to the
precise provisions of the Constitu-
ton. The above meetings of the
plenary, fully endowed Legislature
are provided for under one article.
the sixth article of the Constitution,
relating to the Legislature. But I'M
der the 7th article, relating to and de-
filming the executive department and
the Governors powers, this provision
occurs in section Z.
casions, convene. at his own instance: the Leg
islature; but when so convened ii shall enter
on no business except that stated in the procla-
nation by which it was called together"
This is not to be meeting under
the legislative clause with plenary or
fully endowed powers, but a meeting
of limited powers under the executive
call alone, under different article Of
the Constitution from the other and
the body it could have no duty unless
prescribed by the Governor and may
be very properly styled the Executive
meeting or the limited and partial
Legislature under the executive proc
lamation. The latter clause of the
Constitution is very plainly expressed,
and we are confidently advised that
if the last meeting shall have passed
any law or measure not stated in the
proclamation by which it was called
that any court, State or fed
eral, before which the same may be
brought up, will pronounce it void
and of no effect.
How the Senate of the United
State therefore, can recognize any
action of this body not within the
Governors proclamation, as an act
of the State Legislature, we do not
see and express the opinion, that Mr..
Faulkner cannot be recognized as our
Senator. The Governor is the SUI
preme power in making the call and
limiting the action of the body. and
no power can meddle with his action.
There are other ideas in the article
Of the Intelligencer which might be
severely dealt with, but we forbear.